R v Nellore

In the case of R v Nellore, the applicant sought a certificate under the Costs in Criminal Cases Act 1967 (NSW) after proceedings against him were discontinued following his submission that there was no bill. The applicant contested three counts of sexual assault and the prosecution alleged that he had sexually assaulted the complainant, a woman known to him, on three occasions in 2016. The applicant argued that he was entitled to a certificate because the proceeding against him was unreasonable and the complainant was very substantially lacking in credit. The applicant also claimed that expert evidence would have assisted him to establish an alibi on three counts. However, no alibi notice was formally served.

The primary legal issues before the court were whether the complainant was very substantially lacking in credit and whether expert evidence would have assisted the applicant to establish an alibi on three counts. The court considered the significance of no alibi notice being formally served and whether the institution of the proceeding was unreasonable. The court found that the complainant was not very substantially lacking in credit and that the expert evidence would not have assisted the applicant to establish an alibi on three counts. The court also found that the institution of the proceeding was not unreasonable.

The court concluded that the applicant was not entitled to a certificate under the Costs in Criminal Cases Act 1967 (NSW) as the proceeding against him was not unreasonable. The court found that the complainant was not very substantially lacking in credit and that the expert evidence would not have assisted the applicant to establish an alibi on three counts. The court also found that the institution of the proceeding was not unreasonable. Therefore, the application for a certificate was dismissed.

The court made no orders for costs.